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On July 2, 2019, Governor Phil Murphy signed the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the formerly known Compassionate Use of Medical Marijuana Act (“CUMMA”) and expands New Jersey’s medical cannabis program.  Employers should pay particular attention to this new development because the Act includes a non-discrimination provision to protect…

This is a reminder to all restaurant and hospitality operators that, commencing on July 1, 2019, the New York City Department of Health will officially ban food and drink products containing Cannabidiol (“CBD”). All products containing CBD must be returned to the supplier or discarded prior to the July 1st enforcement deadline.  Failure to…

Although efforts to legalize cannabis for adult recreational use failed to win majority support prior to the end of the legislative session, both the New York State Assembly and New York State Senate have approved a significant decriminalization bill.  The bill, which Governor Andrew Cuomo has said he will sign, generally (1) reduces penalties for…

New York State Assembly Majority Leader Crystal Peoples-Stokes announced on Tuesday that she is planning to introduce a bill later this week that would not only legalize adult cannabis use, but would also provide the ability for those previously convicted of low-level cannabis-related offenses to have their criminal records expunged.  Majority Leader Peoples-Stokes’ proposal goes…

Since the passage of the New York Compassionate Care Act (“CCA”) in July 2014 and the subsequent launch of the medical cannabis program in January 2016, New York employers have begun facing new legal challenges arising from the decriminalization of medical cannabis.  Specifically, employers need to understand their obligations (if any) to reasonably accommodate medical…

Recently, in Wild v. Carriage Funeral Holdings, Inc., Docket No. A-3072-17T3, 2019 WL 1371206 (App. Div. Mar. 27, 2019), the New Jersey Appellate Division reversed the trial court’s dismissal of a discrimination complaint based on the employee’s legal use of medical cannabis under New Jersey’s Compassionate Use of Medical Marijuana Act (“CUMMA”).  In so…

After months of uncertainty and delay, the Governor and state legislative leaders have reached an agreement on a package of bills to legalize the adult use and sale of cannabis, expand the medical marijuana program and reform the expungement process for prior cannabis convictions in the State of New Jersey.

On Monday, March 18, 2019,…

On March 5, 2019, Scott Gottleib, the Commissioner of the Food and Drug Administrations (FDA) announced his resignation as of the end of March, 2019. This follows his recent statements as to the effect of the changes in law with respect to hemp under the 2018 Farm Bill (the “Farm Bill”). Under the Farm Bill…

Earlier this week, the New York City Department of Health and Mental Hygiene (the “Department”) issued a statement banning the addition of CBD, otherwise known as cannabidiol, to food and beverage items offered for sale across New York City. As CBD-infused products continue to gain widespread popularity, the Department’s enforcement efforts have left restaurant and…

As New Jersey remains in a holding pattern, the Empire State has made a revitalized push in the race toward legalization.  In his annual budget address last week, Governor Andrew Cuomo formally unveiled New York State’s plans for a “first-in-nation” comprehensive cannabis regulatory framework. Much like his colleague Governor Phil Murphy, Governor Cuomo is now…